Last three national elections: election commissioners violated their oath of office

The Electoral Reform Commission is likely to recommend an investigation into irregularities during the last three national polls held under ousted Prime Minister Sheikh Hasina.

It also believes that the electoral commissioners who oversaw these polls violated their oath to preserve the constitution, according to the commission’s chairman, Badiul Alam Majumdar.

The reform commission could recommend the appointment of election commissioners through a search committee made up of representatives from the government, the opposition and the third party in Parliament.

Besides restoring the caretaker government system, capping a prime minister’s tenure at two terms and a proportional representation system, the reform commission will likely recommend giving more powers to the Electoral Commission (EC).

While recently discussing updates on the work of the reform commission with the Daily Star, Badiul said other points under consideration include increasing the number of women’s seats in Parliament, reintroduction of “no vote” on ballot papers and allowing Bangladeshi migrants to vote from abroad. .

THE ‘A MUST’ PUNISHMENT

The last general elections in January were the center of controversy as they were neither competitive nor inclusive due to the boycott of the main opposition parties, including the BNP. The AL had to field fake independent candidates, many of whom were party leaders, to give the impression that the elections were participatory.

The 2018 election became controversial, with opposition parties alleging ballot stuffing the day before Election Day. In January 2019, the Jatiya Oikya Front claimed before the EC that between 30 and 60 per cent of the votes had been cast the previous night.

The same month, Transparency International, Bangladesh, in a study, revealed that ballot stamping took place the night before polling day in more than one center in 33 of the 50 constituencies surveyed.

The 2014 elections were one-sided, in which 153 out of 300 MPs were elected unopposed, with most of the opposition, including the BNP, boycotting the election.

The AL-led alliance won more than two-thirds majorities in the three national elections held under the Hasina government.

A section of police officials admitted on Tuesday that they had faced pressure from higher authorities while discharging their duties during the last three national elections.

In a meeting with the reform commission, they also claimed that there had been “financial transactions” during the vote.

Members of the reform commission believe that election commissioners, by overseeing the “controversial” elections of 2014, 2018 and 2024, violated their “oath to preserve, protect and defend the constitution”.

Its leader Badiul said everyone knew how these elections went.

“We are investigating these issues so that no one can escape accountability for their wrongdoing. Those responsible must be brought to justice and punished. These elections must be investigated. If the question of justice arises, the matter must be investigated These are our considerations first when preparing the recommendations,” he said.

He highlighted the role of the EC as a constitutional body and said the election commissioners took an oath to uphold the constitution and ensure the effectiveness of the democratic system through free, fair and neutral elections.

“By failing to do so (hold fair elections), they have violated the constitution on the one hand and violated their oath on the other,” Badiul added.

The reform commission is also considering how to hold election commissioners to account if they are involved in irregularities. The reform commission is considering proposing legal provisions to take action against commissioners through investigations in such cases, said a member of the reform commission, who wished to remain anonymous.

SIGNIFICANT CHANGES

Badiul said they were considering a recommendation to amend the law under which the chief election commissioner and other election commissioners are appointed.

The government can appoint anyone it wants as CEC and election commissioners under the law, he said. “There is a weakness in the law, which does not suit our times.”

To avoid manipulation of the system, the head of the reform commission said, representatives of the opposition and the third largest party in Parliament, as well as representatives of the Treasury, should be included in the search committee responsible for selecting candidates for the CEC and other electoral commissioners. ‘posts.

The commission is likely to recommend restoring the provisions of the Representation of the People Order (RPO) 1972 which allowed the EC to postpone elections at any time after announcing the schedule.

After an amendment in July 2023, the EC can now only postpone elections until polling day.

He noted that the RPO includes provisions to take action against election violators, but no significant action has been taken in the past.

Asked about his thoughts on empowering the EC, Badiul said: “We will try to increase the powers of the Independent Electoral Commission. It is under study.”

He said: “It is also important to mention that we cannot make any individual independent. According to the constitution, the Election Commission is already independent. However, we cannot force someone to act independently if they have a subservient attitude.

“This is why we are advocating for a law to guarantee the appointment of neutral individuals to the CEC and EC. If this happens, significant changes can take place.”

PROPORTIONAL REPRESENTATION

Badiul said the reform commission would keep the issue of introducing a proportional representation system “under serious study”, as well as reestablishing a caretaker government to oversee national elections; and limit the term of office of the Prime Minister to two terms.

He stressed that these issues, as well as the introduction of bicameral legislation and direct election of seats for women, are linked to the constitutional amendments. The government formed a separate commission for constitutional reforms.

“Members of the two commissions are discussing ways to ensure coordination between their proposals on these issues,” Badiul said.

Proportional representation is an electoral system in which seats in Parliament are allocated to political parties based on the proportion of votes they obtain in an election.

Regarding the caretaker government system, Badiul said: “Recently, the High Court issued a verdict regarding the restoration of the caretaker government. This is now a reality, and we are considering it in our recommendations.”

Asked about increasing the number of women’s seats and direct election to these seats, Badiul said this would ensure the “true representation” of women in Parliament.

The commission is considering a rotational voting system for seats reserved for women, he said. If this number increases to 100, the total number of parliamentary seats will increase to 400.

“These 100 seats would be allocated in rotation among constituencies over three electoral cycles, with women competing alongside men for the other seats,” he said.

He said they were considering reintroducing the “no vote” option on ballot papers, so that no one would have the chance to be elected unopposed.

“No votes” appeared on the ballots in the 2008 election, and none were elected unopposed in the election. Around 3,82,000 people voted ‘no’ in these elections, EC officials said.

The reform commission will also likely propose other changes, including requiring candidates to disclose their foreign assets in their affidavits.

The caretaker government formed the electoral reform commission on October 3 and requested its report within 90 days.

Since then, the commission has received proposals from stakeholders, including political parties, former CECs, members of different citizen platforms and the general public.

“We are in the final stage of our work and hope to be able to submit the report within the stipulated time,” Badiul said.